Bishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38931 of 2024 Arising Out of PS. Case No.-411 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Bishu Kumar Son of Ram Pravesh Sigh Resident of Vill.- Ganiyari, P.S.- Sakra, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sahpur P.S. Case No. 411/2023 dated 08.09.2023 registered for the offence punishable u/s 419, 420, 467, 468, 471 and 120B of the Indian Penal Code and Sections 30(a), 32(1)(2), 36 and 41(1)(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 3888.720 litres of illicit foreign liquor, a mobile phone and documents of the petitioner were recovered from the truck.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.38931 of 2024(3) dt.22-07-2024 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents and he is on bail in both the cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Sahpur P.S. Case No. 411/2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T